Judge Diana Hathaway on her way to prison

“We have lose the right to be different, we have lose the right to be free.” Charles Hughes

Earlier this year, I named Judge Diana Hathaway as the CrimeDiva of the day. Yesterday, she was sentenced to prison for a year and a day, which means she will do about 8 months federal time. I post this with a sad heart, because I realize how easy it is to make a bad decision and fall from grace.

It is very clear, to me at least, that no one is above the law, nor out of reach of it. I believe at one time the law was about rehabilitation for those that for some reason in their life went down the wrong path or had been disadvantaged from the environment they were born. However, modern times and the court direction is all based on punishment. I asked myself is justice solely about punishment, does punishment right the wrong that was done? For those that make the law it is their answer to this social problem, but truly it is not and does not address nor rectify the problem so we fill our prisons only to put a band-ad on it. Are we human not salvageable?

I found some of the comments made during the sentencing of Judge Hathaway very interesting, so I am including some of the article below. Here is a link to the news story for those of you that are or maybe involved in a crime. Judge

“Regardless of a person’s stature or position in life, we must all follow the same set of rules,” said Detroit FBI Special Agent in Charge Robert Foley in a statement. “In this case, an individual in a prominent position of public trust made extremely poor choices that have resulted in criminal activity.”

U.S. Attorney Barbara McQuade said she’s made mortgage fraud a priority in the eastern Michigan district because of the harm it does to housing markets.

“Homeowners who play by the rules should know that those who don’t will be held accountable, no matter who they are,” McQuade said.

Hathaway’s attorney Steve Fishman tried to convince the court not to order prison time, arguing that the former judge had already been punished enough, having lost her job and moved out of the state to avoid media attention since being charged.

“She has suffered more public humiliation than anybody I’ve ever represented… For all the good she’s done, what is she going to be remembered for? This is going to be the only thing she’s remembered for.”

But U.S. District Judge John Corbett O’Meara, after the prosecution argued that Hathaway’s suffering outside of court should have no bearing on her punishment, sentenced her to one year and one day in federal prison.

He also ordered two years of supervised release after her imprisonment.

The state attorney general’s office took part in the investigation of the case.

“Public corruption scandals have damaged the public’s trust in government and tarnished our state’s reputation,” said Attorney General Bill Schuette after the sentencing. “No matter who you are or what position you hold, the same rules apply.”

Schuette in January denied that politics played any role in the investigation.

The questionable real estate transactions were used in political ads targeting Hathaway and other Democrats ahead of elections last year, though Hathaway was not running for office.

Fishman argued in court that the bank would likely have approved the short sale on the underwater mortgage even if Hathaway hadn’t transferred two homes — one in Florida and another in Grosse Pointe Park — to her stepchildren, as she and her husband claimed hardship.

ING’s actual loss in the scheme was estimated at $90,000, which Hathaway was ordered to pay in restitution.

Fishman said Hathaway would pay the entire amount Tuesday.

Hathaway, whose expression was gravely somber as she entered the Ann Arbor courtroom, did not deny committing fraud.

She addressed the court with a trembling voice, saying she has been ashamed, humiliated and disgraced by the case.

“I stand before you a broken person,” she said. “…I take full responsibility for my actions. I was having personal issues, but that is no excuse.”

Prosecutors argued that Hathaway engaged in a two-year scheme to feign hardship and defraud the bank, and that she should be subject to the standard sentencing guideline of 12-18 months in prison.

O’Meara made it clear that the decision to hand down prison time did not come easily.

“This is hard,” he said.

“We’re talking about a defendant that has accomplished a great deal in her lifetime and has done well and who I hope will be able to accomplish more… after all this is over.”

After long-winded praise of the defense and prosecution for their arguments and after a long pause, O’Meara told Hathaway she would be taken into custody and sent to prison.

“You’ll be done with this and you’ll be out being a valuable and successful citizen of this country very soon,” O’Meara said.
Posted on MLive By Khalil AlHajal

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